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Advisory Committee on Judicial Ethics — Publishing and Marketing a Book: Opinion 10-84

By: Daily Record Staff//January 10, 2012

Advisory Committee on Judicial Ethics — Publishing and Marketing a Book: Opinion 10-84

By: Daily Record Staff//January 10, 2012//

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NYS Advisory Committee on Judicial Ethics

Publishing and Marketing a Book

Opinion 10-84

Background: A full-time judge asked whether he may copyright a bench book relating to a particular topic that he commonly addresses in cases in which he presides. He also wishes to market the book and collect revenues and/or royalties based on the book sales.

Opinion: A full-time judge may receive compensation for engaging in permissible extra-judicial activities if the source of the payments does not give rise to the appearance of impropriety. Such compensation cannot exceed a reasonable amount, nor can he receive compensation for extra-judicial activities performed for or on behalf of New York state, its political subdivisions or any office or agency. Ultimately, a full-time judge may publish a bench book relating to a particular topic that he commonly addresses in cases over which he presides. The judge may also market the book and may collect revenues and/or royalties based on the book’s sales.

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